Under conditions, the employer may control an employee’s work computer

A protection against dismissal for whistle-blowers in the financial sector

06 Oct 2017Regulations

Following a recent legislative amendment (law of July 31, 2017), employees in the financial sector who report (suspected) infringements on the financial legislation within their company to the public authorities (FSMA), are protected against dismissal and other retaliations.

A theft of goods which are worth just 1,79 EUR can justify a dismissal for serious case

08 Sept 2017Termination

When an employee of a grocery store is found outside of the shopping area, in the possession of some goods for which he cannot proof that he has purchased them, this may result in a breach of trust with the employer, even if these goods are of small value. These principles have been confirmed in a court-decision of the Brussels Labour Court of 10 February 2017.

Sotra expands !

A premium which is paid to an employee for an event in the private life of the employee, can qualify as salary on which social security contributions are due

11 July 2017Salary & Benefits

According to the Belgian Supreme Court, a benefit qualifies as salary on which social security contributions are due from the moment that the benefit is paid automatically to all employees which are entitled to it further to a legal commitment of the employer. The fact that the benefit is paid at the occasion of an event in the private life of the employee is of no importance

Every detail must be just right when an employer sends a registered letter to an employee

30 June 2017Termination

When an employer wants his employee to perform a notice period, he must notify this decision to the employee by registered letter, otherwise the notice the notice may be null and void. The official receipt from the post office is the evidence that the registered letter has been sent.
According to the Brussels Labour Court, the notice is null and void when the official receipt mentions an erroneous postal code (1070 instead of 1700) and the employee claims never having received the notice letter. On the other hand, the decision to dismiss remains effective, which means that the employer must pay an indemnity in lieu of notice for not respecting the formalities of a notice period.

The dismissal of a protected employee requires a specific justification, even in the event of a reorganisation

23 June 2017Termination

The dismissal of an employee who benefits of a specific protection against dismissal is authorised in the context of a reorganisation, insofar the employer can demonstrate objective reasons, beyond the cause of the protection, to justify this decision if the reorganisation only affects part of the employees

Entry into force of the Code on health and safety regulations at work

Filing a harassment complaint for the sole purpose of protection against dismissal is abusive

31 May 2017Termination

The indemnity for protection against dismissal is not due if the employer provides evidence that the dismissal occurs for reasons other than the complaint of moral harassment. Filing a complaint of moral harassment at work for the sole purpose of avoiding dismissal is abusive.

Our next events

June142018

Place : The Hotel (Bruxelles)

From 14h00 to 17h00Speaker : Olivier RijckaertOrganization : Sotra

Les Après-midi du Droit Social (Brussels)

During the afternoon, we will review the social news, legislation and case law. The focus will be on new legislative and judicial developments that have a tangible impact on your business. Participation and documentation are free. (This seminar will be held in French)

Les Après-midi du Droit Social (Namur)

During the afternoon, we will review the social news, legislation and case law. The focus will be on new legislative and judicial developments that have a tangible impact on your business. Participation and documentation are free. (This seminar will be held in French)

Middaguur Sociaal recht (Zaventem-Diegem)

During the afternoon, we will review the social news, legislation and case law. The focus will be on new legislative and judicial developments that have a tangible impact on your business. Participation and documentation are free. (This seminar will be held in Dutch)